BILL NUMBER: AB 420	CHAPTERED  10/10/99

	CHAPTER   738
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	AMENDED IN SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   AUGUST 18, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   MARCH 24, 1999

INTRODUCED BY   Assembly Member Wildman
   (Coauthors:  Assembly Members Havice, Honda, Kuehl, and
Washington)
   (Principal coauthors:  Senators Alpert and Vasconcellos)

                        FEBRUARY 12, 1999

   An act to amend Sections 87861, 87863, 87883, and 87884 of, to add
Section 87482.4 to, and to repeal Section 87865 of, the Education
Code, relating to community colleges, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 420, Wildman.  Community colleges:  faculty.
   (1) Existing law requires that a person employed to teach adult or
community college classes for not more than 60% of the hours per
week of a full-time employee having comparable duties, excluding
substitute service, be classified as a temporary employee and not
become a contract employee.
   This bill would require the California Postsecondary Education
Commission to conduct a comprehensive study of the part-time faculty,
employment, salary, and compensation patterns, as specified, of the
California Community Colleges.  The bill would require the commission
to release its preliminary findings regarding the study to the
Legislature and the Governor by March 31, 2000, and would require the
completed study to be transmitted to the Legislature and the
Governor by July 1, 2000.
   (2) Existing law requires the governing board of each community
college district to adopt and cause to be printed and made available
to each academic employee a schedule of salaries to be paid.
   This bill would require the schedule of salaries to be paid to be
based on a uniform allowance for years of training and years of
experience, thereby increasing the responsibilities of community
college district governing boards and imposing a state-mandated local
program.
   (3) Existing law establishes the Part-Time Community College
Faculty Health Insurance Program for the purpose of providing a state
incentive program to encourage community college districts to offer
health insurance for part-time faculty.  Existing law defines
"part-time faculty," for the purposes of the program, as any faculty
member whose teaching assignment in 2 or more community college
districts equals or exceeds the cumulative equivalent of a minimum
full-time teaching assignment.
   This bill would revise that definition by deleting the requirement
that the faculty member teach in 2 or more districts and would
define the term, instead, to mean any faculty member whose teaching
assignment equals or exceeds 40% of the cumulative equivalent of a
minimum full-time teaching assignment.
   Under existing law, a part-time faculty member and his or her
eligible dependents are eligible to participate in the program no
earlier than the commencement of the faculty member's 3rd consecutive
semester of teaching or 4th consecutive quarter of teaching where
the quarter system is used, as specified.
   This bill would delete that limitation.
   Under existing law, if a part-time faculty member is employed by
more than one community college district, and both or all of the
community college districts for whom he or she works offers health
insurance pursuant to the program, the employee is required to select
only one district to provide health insurance coverage.
   This bill would repeal that provision.
   (4) Existing law authorizes the governing boards of community
college districts to provide compensation for office hours to
part-time faculty.
   The bill would state that this provision does not preclude
compensation under the Community College Part-Time Faculty Office
Hours Program for paid office time for each 20% of a full-time load,
or fraction thereof, as defined by the community college district.
   Under existing law, if a governing board of a community college
district establishes a program to provide part-time faculty office
hours, those hours may not be applied toward the 60% hours per week
requirement for determining part-time faculty status.
   This bill would additionally provide that those office hours may
not be counted toward the hours per week of teaching adult or
community college classes for purposes of acquiring eligibility for
tenure or for purposes of fulfilling any probationary hour
requirements.
   (5) The bill would provide that changes made to the Part-time
Community College Faculty Health Insurance Program and the Community
College Part-time Faculty Office Hours Program by the bill shall not
affect any part-time health insurance program or office hour program
in effect on January 1, 2000.
   (6) The bill would make specified provisions of the bill operative
in any fiscal year only if funds are appropriated for purposes of
the bill in the annual Budget Act or in another measure.  The bill
would require the chancellor to prorate the funds among the community
college districts affected by the bill if the amount appropriated in
the annual Budget Act or in another measure is insufficient to fully
fund those provisions.
  (7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   (8) The bill would appropriate $500,000 from the General Fund to
the Board of Governors of the California Community Colleges in
augmentation of a specified item of the Budget Act of 1999 for
purposes of the Part-Time Community College Faculty Health Insurance
Program.  The funds appropriated by this bill would be applied toward
the minimum funding requirements for school districts and community
college districts imposed by Section 8 of Article XVI of the
California Constitution.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) California's community colleges have historically hired
part-time faculty to meet short-term community needs.  By employing
working professionals as teachers, this practice has the effect of
enriching the curriculum and strengthening the tie between the
college and its community.
   (b) Part-time faculty also provide hiring flexibility, and often
fill voids created by unanticipated enrollment growth.  In some
cases, part-time faculty are able to provide colleges with technical
expertise that regular full-time faculty may lack, and can do so at a
lower cost than full-time faculty.
   (c) Part-time faculty are usually paid only for the hours they are
actually in the classroom, with no compensation for related work
performed outside of the classroom, including, but not limited to,
research, preparation time, and evaluation of student work.
   (d) However, rapidly expanding community colleges are now
overusing part-time faculty.  Community colleges often utilize
part-time positions for financial reasons alone, rather than reasons
related to the enhancement of the curriculum.  California's Community
College system currently employs 67 percent of its teaching force in
part-time positions.  Temporary contracts are being misused to
employ part-time faculty members when the duration and nature of
prior service, together with the overall circumstances of the
employment relationship, indicate that a full-time position would be
more appropriate.  This practice is unfair to the part-time faculty
member because, as a part-time faculty member, the person will not be
able to attain a salary commensurate with the nature and type of
service that the person has provided to the community college.
   (e) The principle of equal pay for equal work requires that
part-time faculty be provided compensation that is directly
proportionate to full-time faculty employment.  In this way,
part-time faculty employed in settings that more closely resemble
full-time situations will receive compensation that more closely
resembles full-time compensation.
  SEC. 2.  Section 87482.4 is added to the Education Code, to read:
   87482.4.  (a) The Legislature finds and declares that, in the
state's community college system, teaching constitutes a greater
share of the faculty workload, as compared to the California State
University or the University of California systems.  California's
community college system requires that a faculty member hold, as a
basic qualification, a master's degree.  Furthermore, the community
college system uses a different professional review process, as
compared to the California State University or the University of
California systems.
   (b) The California Postsecondary Education Commission shall
conduct a comprehensive study of the California Community College
system's part-time faculty employment, salary, and compensation
patterns as they relate to full-time community college faculty with
similar education credentials and work experience.  The study shall
include a representative sample of urban, rural, and suburban
community colleges in California and shall also refer to similarly
situated community colleges in other states.
   (c) The study specified in subdivision (b) shall include, but not
necessarily be limited to, the addressing of policy options available
to achieve pay equity between community college part-time faculty
and full-time faculty and shall also include both of the following:
   (1) A quantitative analysis examining duties and tasks of
part-time faculty as compared to full-time faculty.  The duties and
tasks examined shall include classroom teaching, preparation, office
hours, recordkeeping, student evaluations, recommendations, and other
professional practices that compare the similarities and differences
between a part-time and full-time faculty position.  This
quantitative analysis shall also include both of the following:
   (A) An examination of whether part-time faculty salaries vary
significantly among community colleges and the factors that are
associated with any salary differential.
   (B) Data concerning the salary compensation pattern for part-time
community college faculty in California and in similarly situated
community colleges in other states, and the disparity between
part-time and full-time compensation for the equivalent education and
experience.
   (2) An identification of specific policy and fiscal
recommendations that would enable the California Community Colleges
to achieve a compensation schedule that achieves pay equity for
part-time faculty.
   (d) The California Postsecondary Education Commission shall, in
conducting the study required by this section, consult various
representatives of the education community, including the Board of
Governors of the California Community Colleges, community college
faculty groups, and other interested parties.
   (e) Notwithstanding Section 7550.5 of the Government Code, the
California Postsecondary Education Commission shall release the
preliminary findings of the study required by this section to the
Legislature and the Governor, on or before March 31, 2000, and shall
transmit the study to the Legislature and the Governor on or before
July 1, 2000.
   (f) It is the intent of the Legislature that funding for
conducting the study required by this section shall be made available
through an appropriation, either in future legislation or in the
annual Budget Act, in an amount of up to one hundred fifty thousand
dollars ($150,000).
  SEC. 3.  Section 87861 of the Education Code is amended to read:
   87861.  For the purposes of this article:
   (a) "Health insurance benefits" include medical benefits but do
not include vision or dental benefits.
   (b) "Part-time faculty" refers to any faculty member whose
teaching assignment equals or exceeds 40 percent of the cumulative
equivalent of a minimum full-time teaching assignment.
   (c) The changes made to subdivision (b) during the 1999 portion of
the 1999-2000 Regular Session of the Legislature shall be operative
in any fiscal year only if funds are appropriated for purposes of
those changes in the annual Budget Act or in another measure.  If the
amount appropriated in the annual Budget Act or in another measure
for purposes of this section is insufficient to fully fund those
changes for the fiscal year, the chancellor shall prorate the funds
among the community college districts affected by this section.
  SEC. 4.  Section 87863 of the Education Code is amended to read:
   87863.  (a) A part-time faculty member and his or her eligible
dependents are eligible to participate in the program established
pursuant to this article.
   (b) The changes made to subdivision (a) during the 1999 portion of
the 1999-2000 Regular Session of the Legislature shall be operative
in any fiscal year only if funds are appropriated for purposes of
those changes in the annual Budget Act or in another measure.  If the
amount appropriated in the annual Budget Act or in another measure
for purposes of this section is insufficient to fully fund those
changes for the fiscal year, the chancellor shall prorate the funds
among the community college districts affected by this section.
   (c) Any changes made pursuant to this section to the Part-time
Community College Faculty Health Insurance Program shall not affect
any part-time health insurance program in effect on January 1, 2000.

  SEC. 5.  Section 87865 of the Education Code is repealed.
  SEC. 6.  Section 87883 of the Education Code is amended to read:
   87883.  (a) The governing board of a community college district
may provide compensation for office hours to part-time faculty.
   (b) The compensation paid to part-time faculty under this article
shall equal at least one paid office hour for every two classes or
more taught each week or 40 percent of a full-time load as defined by
the community college district.
   (c) Nothing in this section precludes compensation under this
program for paid office time for each 20 percent of a full-time load,
or fraction thereof, as defined by the community college district.
   (d) The change made to subdivision (c) during the 1999 portion of
the 1999-2000 Regular Session of the Legislature shall be operative
in any fiscal year only if funds are appropriated for purposes of
that change in the annual Budget Act or in another measure.  If the
amount appropriated in the annual Budget Act or in another measure
for purposes of this section is insufficient to fully fund that
change for the fiscal year, the chancellor shall prorate the funds
among the community college districts affected by this section.
  SEC. 7.  Section 87884 of the Education Code is amended to read:
   87884.  (a) The governing board of each community college district
that establishes a program pursuant to this article shall negotiate
with the exclusive bargaining representative, or in instances where
there is no bargaining unit shall meet and confer with the faculty,
to establish a program to provide part-time faculty office hours.
   (b) Any hours negotiated under this program shall not be applied
toward the 60-percent requirement as specified in Section 87882.
These hours shall not be counted towards the hours per week of
teaching adult or community college classes for purposes of acquiring
eligibility for tenure or for purposes of fulfilling any
probationary hour requirements.
   (c) On or before June 1 of each year, each community college
district participating in the program shall send a verification to
the Chancellor of the California Community Colleges specifying the
total costs of the compensation paid for office hours of part-time
faculty participating in the program.
   (d) Any changes made by this section to the Community College
Part-time Faculty Office Hours Program shall not affect any part-time
faculty office hours program in effect on January 1, 2000.
  SEC. 8.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 9.  The sum of five hundred thousand dollars ($500,000) is
hereby appropriated from the General Fund to the Board of Governors
of the California Community Colleges in augmentation of Schedule (p)
of Item 6870-101-0001 of Section 2.00 of the Budget Act of 1999 (Ch.
50, Stats. 1999) for purposes of the Part-Time Community College
Faculty Health Insurance Program established pursuant to Article 9
(commencing with Section 87860) of Chapter 3 of Part 51 of the
Education Code.
